Linder Church of Christ AZ 12-007ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 14
BOISE IDAHO 02121113 12:02 PM
DEPUTY Vicky Bailey
RECORDED —REQUEST OF 113 0 1 `3 3 ES 7
Meridian City
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PARTIES: 1. City of Meridian
2. Linder Church of Christ. Owner/Developer
TIES DEVELOPMENT AGREEMENT (this Agreement), i's made and entered 'into th4
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day of
26f� by and between City of Meridian, a mumcipal coirporat* on of the
State of Idaho, liereafter called CITY, and Linder Church of Christ, whose address 'is 1555 N.
Linder Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
I . RFCITALS:
1.1 WHEREAS., Owner/Developer is the sole owner, M* law and/or equity� of
certain tract of land in the County of Ada, State 'of Idaho, desefibed in
Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as iff set forth in full, herein after referred to as the
Property- and
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1.2 W REAS., I.C. § 67-651 IA, Idaho Code, provides that cities may, by
ordinance,, require or pennit as a condition of re -zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 T��ERE AS, City has exercised its statutory authority by the enactment of
Ordinance 11-5B-3, which authorizes development agreements upon the
annexation and/or re -zoning of land; and
L4 WHEREAS, Owner/Developer has submitted an application for
aimexation of the Property described in Exhibit A, and has requested a
designation of C -C (Comm -unity Business District) and R-8 Wedium
Density Residential District), (Municipal Code of the City of Meridian);
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and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Men'dian Planning & Zoning Commission and before the.
Meridian City Council, as to how the subject Property Vn'll be developed
and what improvements will be made- and
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IEVELOPMENT AGREEMENT - LmiDER CMJRCH OF CMUST (AZ 12-007) PACE I OF I,'!,
1.7 WHEREAS, City Council, the, 7th day of November, 2012, has approved
the Findings of Fact and Cionclusiolis of Law as set fordi in Exhibit B,
which are affached hereto and by this reference incorporated herein as it se. t
ford, 'in full, hereinafter referred r. (the Findings); and
1.8 WHEREAS, the Findings reqw're the Owner/Developer to enter 'Into a
development agreement before the City Council takes final action on
-annexation and zoning -designation; and
1.9 OWNE R/DEVELOPER deems it to be M' his best interest to be able tt
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enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at his urgm'g and requests; and
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NOW, THEREFORE, m consideration of the covenants and conditions set forth
herein, the parties agree as follows:
- That the above recitals are contractual ant
2. INCORPORATION OF RECITALS.
binding and are incorporated herein as if set forth in full.
DEVE LOPMENT AGREEMENT - LmDER CHURCH OF CRUST (AZ 12-007) PAGE 2 OF 12,
3. DE FINITIONS,: For all purposes of this Agreement the following words, tenns,
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and phrases herein contained in this section shall be def ined andinterpreted as herein provided for,
unless the clear context of the presentation of the same requixes otherwise:
3.1 CITY.* means and refers to the City of Meridian, a party to this Agreement,
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which is a mumcipal Corporation and government subdivision of the state
of Idaho., organized and existing by virtue of law of the State of Idaho,
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whose address is 33 East Broadway Avenue, Meriaian, Idaho 83642,
3.2 OWNER/DEA VELOPER: means and refers Linder Church of Christ,
whose address i's 1555 N. Linder Road, the party that owns and is
developing said Property and shall include any subsequent owner(s) or
developer(s) of the Property.
.3 PkOPE- RTY.: mean's and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described i1ft Exhibit A
describing the parcels to be annexed and zo-ned C -C (Community Business
District) and R-8 (Medium Density Residential District) attached hereto
and by this reference incorporated herein as 'if set forth at length.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codiffied at Meridian Unifie!`Di
Code § 11-2B-2.
4.2 No change in the uses specified in this Agreement shall be allowed witho
modification of this Agreement. i
5.1 Owner/Developer shall develop the Property in accordance vAth th*
following special conditions:
1. Access to the site shall be provided via W. Ustick Road and the two (2) local
streets that stub at the east boundary of the site (W. McMurtrey Street & W.
Moonlake Drive),
2. Future development shall comply with the design standards listedin UDC 11 -3A-
19 and the guidelines contained M* the Meran Design Manual.
DEVELOPME NT AGREEMENT - UMER CHURCH OF CHUST (AZ 12-007) PAGE 3 OF 12
DEVELOPMENT AGREEMENT - LmDER CHURCH OF CMST (A- Z 12-007) PAGF- %. I 1
uity has complied with the notice and hearm*g procedures as outlined in Idaho Code § 67-6509, or
any subsequent amendments or recodifications thereof.
7. DIEFAULT/CONSENT TO DR -ANNEXATION AND REVERSAL OF
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ZONING DESIGNATION.
7.1 Acts of Default. Either party's failm to faithfully comply with all of the
terms and conditions includedin this Agreement shall constitute ddault
under this Agreement.
DEVELOPMENT AGR EEMENT - LMDER CRURCH OF GMST (AZ 12-007) PAGE 5 Or' 12
71.5 Waiver. A waiver by City of any default by Owner/Developer of any one
or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or o-ther
covenants and conditions.
Wax
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9. DEFAULT.
9.2. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other n'ghts or remedies or uity or
apply to any subsequent breach of any such or other covenants and
conditions.
ZONING,- City shall, following recordation of the duly approved Agreement, enact
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a valid and binding ordinance zomng the Property as specified here I'll.
IWEVELOPMENT AGREEMENT - LiNDER CHncH or, CIMST (AZ 12-007) PAGE 6 OF 12,
12. REAIEDIES: This Agreement shall be enforceable in any court of competent
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junsaiction by either City or Owner/Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific p erfortnance of the covenants, agreements, conditions, and obligations
contained herein.
MW WNWfIRTI-Iffiff], ITAiN
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-12.2 In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City i's delayed for causes which are beyond the
reasonable control of the party responsible for such performance, which
shall include, without limitation, acts of civil ctiso Dealelice, strikes or
similar causes, the time for such perfonnance shall be extended by the
amount of time of such delay.
0. SURETY OF PERFORMANCE: The City may also require surety bonds,
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irrevocable letters of credit, cash deposits, ceitified check or negotiable bonds, as allowed under
Meridian City Code §11-5-C, to insure that installation of the improvements,, which the
Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY; The Owner/Developer agrees that no
Certificates of Occupancy will be issued until r'' improvements are completed, unless the City and
Developer/Owner has entered into an addendum agreement stating when the improvements will be
completed in a pbased developed; and in any event, -no Certificates of Occupancy shall be issued in
?_ny phase in which the improvements have not been installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide
by all ordinances of the City of Meridian and the Property shall be sub ect to de -annexation if the
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owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of
DEVELOPMENT AGREE ME NT — UNDER 04uRcH oF CMST (AZ 12-007) PAGF, 7 OF 12
Fact and Conclusions of Law, thi's Development Agreement, and the Ordinances of the City of
Meridian.
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16. NOTICES.& Any notice desired by the parties and/or reqwred by this Agreement
shall be deemed delivered if and when personalty delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
City Clerk
City of Meridian
Broadway Ave.
Meridian, Idaho 83642
City Attorney
City of Meridian
Broadway Avenue
Meridian, ID 83642
Linder Church of Christ
Linder Road
Meridian, Idaho 83642
(6.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section,
19. BINDING UPON SUCCESSORS -,p This Agreement shall be binding upon and
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inure to the benefit of the parties" respective heirs, successors, assigns and personal representatives,,
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inewcong City's corporate authorities and their successors in 0.nice. JL-nis Agreement shall be
111",E VI C-4 LOPME NT AGREE MENT - UNDr, R Qmai or. CIMST (AZ 12-007) PAGE 8 OF 12
20. INVALID PROVISION.- If any provision ofthis Agreement i's held not valid by a
court of comp etent J uti sdiction, such provis i on shall b e deemed to be exci sed from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
a.
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21 .1 No condition goveming the uses and/or condons governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) "n
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT.: This Agreement shall be effective on
the date the Meran City Council shall adopt the amendment to the Meridian Zoning Or inance
in conneefion with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREE, MENT - UNDER CffURCH OF CMUST (AZ 12-007) PAGE 9 OF I ��
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Mayor T Y de r
! ;,CHMST(AZ 12-007) PAGF, 10 OF 12
STATE OF IDAHO,
SS
County of Ada
On this '3 rJ, day of k-uce, -204-2-, before me, the undersigned, a
Notary Public M" and for said State, personally appeared hit) I a r) -Y-- known or
identified to me to be the person who executed the agreement on behalf of Linder Church of Cbrist,
and acknowledged to me that he executed the same of behalf of said Church.
IN WITNESS WHEREOF, I have hereunto set iny hand and affixed my official
seal the day and yew in this certificate first above written.
STATE OF IDANO,
SS
County of Ada
On this day of Y'c-,k 2WT, before me, a Notary Public,
personaluy appeared Tammy de- eerd md Jaycee L. Ho�nan-, know or identified to me to be the
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Mayor and
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Clerk, respectively, oi�he U of Meridian, who executed the instrument of behalf of
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* sC*ty, and acknowledged to me th, such City executed the sme.
aid 1
IN WITNES S WHERE0Fjh&.'Je hereunto set my hand and affixed my officiat seai
the day and year in this certificate first above, ften.
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SAFE AX7F IDAHO,
: ss
WIT M UA Me
On this -,',.'day of , 2012, before me, the undersigned, a
Notary Public in and for said, State, personally appeared known or
identified to me to be the persda.-who executed the agreement on behalf of Linder Church of Christ,
and acknowledged to me that he executed the same of behalf of said Church.
IN WITNESS WHEREOF----1--have hereunto set my hand and affixed my official
seal the day and year in this certificate first above, written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
: ss
/ C1 r- "o L, , , 1,
On this I I day of j —5 2 , before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. HoIman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
y
Y
A
(SEALNo C'
ary Public for Idaho
Residing at:
DEVELOPMENT AGREEMENT - LINDER CHURCH OF CHRIST (AZ 12-007) PAGE 11 OF 12
Commission eXp ire:s: -)a-n c cc t
DEVELOPMENT AGREEMENT — LMER CHURCH OF CHRIST (AZ 12-007) PAGE 12 OF 12
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Linder Church of Christ — AZ — 12-007